Victory out of reach for McDonald

State senator doesn't concede, though he can't overcome the vote margin held by Marchione

By Jimmy Vielkind

Updated 8:27 am, Tuesday, September 25, 2012

Photo: Philip Kamrass

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Saratoga County Election Commissioners Roger Schiera, left, and Bill Fruci, right, look over a ballot during a count of absentee ballots for the Republican primary between State Senator Roy McDonald and his challenger Saratoga County Clerk Kathy Marchione, at the Saratoga County Board of Elections on Monday Sept. 24, 2012 in Ballston Spa, NY. (Philip Kamrass / Times Union)

Saratoga County Election Commissioners Roger Schiera, left, and Bill Fruci, right, look over a ballot during a count of absentee ballots for the Republican primary between State Senator Roy McDonald and his

Saratoga County Board of Elections clerk Kate Ferris opens a ballot during a count of absentee ballots for the Republican primary between State Senator Roy McDonald and his challenger Saratoga County Clerk Kathy Marchione, at the Saratoga County Board of Elections on Monday Sept. 24, 2012 in Ballston Spa, NY. (Philip Kamrass / Times Union)

Saratoga County Board of Elections clerk Kate Ferris opens a ballot during a count of absentee ballots for the Republican primary between State Senator Roy McDonald and his challenger Saratoga County Clerk

Saratoga County Board of Elections Senior Clerk Donna Gundersen, left, shows a ballot to lawyers Jeff Cleary, third from right, Michael Cuevas, second from right, and Jeff Buley, right, during a count of absentee ballots for the Republican primary between State Senator Roy McDonald and his challenger Saratoga County Clerk Kathy Marchione, at the Saratoga County Board of Elections on Monday Sept. 24, 2012 in Ballston Spa, NY. (Philip Kamrass / Times Union)

Saratoga County Board of Elections Senior Clerk Donna Gundersen, left, shows a ballot to lawyers Jeff Cleary, third from right, Michael Cuevas, second from right, and Jeff Buley, right, during a count of

Saratoga County Board of Elections Senior Clerk Donna Gundersen, upper right, shows a ballot to lawyers Jeff Cleary, left, Michael Cuevas, second from left, and Jeff Buley, third from left, during a count of absentee ballots for the Republican primary between State Senator Roy McDonald and his challenger Saratoga County Clerk Kathy Marchione, at the Saratoga County Board of Elections on Monday Sept. 24, 2012 in Ballston Spa, NY. Senior election clerk Cynthia Wade is at lower right. (Philip Kamrass / Times Union)

Saratoga County Board of Elections Senior Clerk Donna Gundersen, upper right, shows a ballot to lawyers Jeff Cleary, left, Michael Cuevas, second from left, and Jeff Buley, third from left, during a count of

BALLSTON SPA — A win is now mathematically impossible, but state Sen. Roy McDonald refused to concede his Republican primary to Saratoga County Clerk Kathy Marchione after ballot-counting wrapped up Monday.

While 50 ballots were set aside due to legal objections, Marchione leads McDonald, a two-term incumbent from Saratoga, by 113 votes, according to results provided by election officials in the four-county district. A judge could determine the fate of the remaining ballots, but no court appearance is scheduled and any proceeding would be obviated by a concession.

"I think it's inevitable that Kathy Marchione will be the Republican nominee for the state Senate seat," said her attorney, Michael Cuevas.

McDonald's aides on Monday said they were prepared to push ahead on the Independence Party line, which the senator secured over the summer. But two people who have spoken to the senator in recent days said he was wavering in that plan, beset by a lack of campaign funds and held at arm's length by traditional allies.

McDonald did not return calls. His spokesman, Mike Veitch, said in a statement: "The McDonald campaign is considering all available options at this time. Sen. McDonald is very proud of his career along with the accomplishments he's achieved during his time in office, and he is honored to participate in the democratic process. We plan to have a decision about the campaign's future by the end of this week or the beginning of next week."

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Marchione will appear Tuesday at an afternoon news conference in Halfmoon.

Filings with the state Board of Elections show McDonald spent $202,211 in the last days of his campaign, including more than $100,000 for television ads attacking Marchione. The senator reported $25,155 in the bank. Marchione had $20,405 and spent $59,852, about half of which went to television ads.

While she has maintained her platform was broader, the race always centered on McDonald's 2011 vote for same-sex marriage and his pugilistic explanation for it. Donations from gay-rights advocates made the race the most expensive Senate primary in the state.

Foes of the bill promised to exact political revenge on McDonald and three other Senate Republicans who broke party ranks to support the bill, but had only limited success. Jim Alesi, R-Rochester, did not seek re-election; Mark Grisanti, R-Buffalo, cruised past a challenge by Kevin Stocker; in the mid-Hudson Valley, Steve Saland declared victory Monday over primary challenger Neil Di Carlo with a margin of less than 200 votes.

Even if he announced he was not campaigning, McDonald's name would appear on the November ballot and could provide an outlet for frustrated Republicans or Democrats, muddying the prospects in what is otherwise considered a safe Republican seat. The Democratic candidate is Claverack Supervisor Robin Andrews.

The 43rd Senate District covers two towns in Washington County as well as eastern Saratoga County, Columbia County and all of Rensselaer County except the city of Rensselaer and most of Troy.